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Police officer challenges disciplinary action

Published 9:15pm Wednesday, January 23, 2013

A Troy Police officer facing termination says he is the victim of retaliatory action for filing a complaint with the Equal Employment Opportunity Commission.

Lt. Edward O. Hardy and his attorney, Julian McPhillips, participated in a hearing with Troy Police Chief Jimmy Ennis and the city’s legal counsel on Wednesday morning. As a result of that meeting, McPhillips said Hardy remains on administrative leave with pay pending resolution of the issue.

“This is just a huge retaliatory incident by the police chief of Troy and we call upon the mayor here to do something to get involved,” McPhillips said. “It is unjust, it is a travesty, and I say the Troy police chief should be ashamed of himself.”

City attorneys had no comment after the hearing, and Ennis could not be reached. Troy Mayor Jason Reeves declined comment, saying “This is a pending personnel matter and it would be improper for me to discuss it at this time.”

Hardy, who has been an officer for 19 years, was placed on leave Dec.12, 2012, pending an internal investigation into an incident that took place Dec. 8, 2012. He was notified earlier this month that he would be terminated. According to paperwork provided by McPhillips, that incident involved the supervision of a juvenile arrested while Hardy was in charge of the shift. McPhillips said Hardy was placed on leave because an officer on his shift left a juvenile unattended in a room inside the Criminal Investigation Division for about eight hours.

The juvenile’s mother, stepfather and grandmother were all present at the hearing Wednesday and according to McPhillips relayed that they do not blame Hardy for the mistake since he wasn’t the arresting officer.

McPhillips said he believes the disciplinary action was prompted by Hardy’s EEOC complaint, which was filed in September 2012. At that time, Hardy cited what he said was racial discrimination in the promotion process. In his complaint, Hardy, who is African-American, said he was passed over twice for a promotion to captain – once in 2010 and again in 2012 – while white men were promoted both times.

“He has got a legitimate grievance,” McPhillips said after Wednesday’s hearing “There has never been a black captain at the police department.”

McPhillips said the EEOC has six months to investigate charges. If Hardy receives a right to sue letter in March, McPhillips said he plans to file a lawsuit if the matter has not been resolved. “They are trying to hit him with a sledgehammer for nothing,” McPhillips said.

 

  • johngalt781

    I don’t know blood but i know he will pass it even if they are required to scale the score under the guise of affirmative action. It happens everyday at every major university.

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  • Aborted

    John, show us the proof that test are altered annually to conciliate affirmative action. You seem to have great concentration or dislike for African Americans. It is your prerogative thus I am not bothered by it. I will not attempt to dispute or justify any of your findings or comments. You and I have communicated for several days via this web site. Despite the racist comments you have written, I think you might be a decent person. You are to some extent educated and think rationally or you are an idiot posing as an intellectual. If you are going to try to educate the public, don’t half do it, show us the both sides of the research. A well educated man would not waste his time posting a bunch of junk on the internet. I am an old man, but wise enough to realize you are a fake.

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  • Aborted

    John, I apologize for implying you might be an idiot. Calling names is not the way to win a dispute. Please, accept my apology. I don’t want my grand boys acting like donkeys thus I have to lead by example.

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  • johngalt781

    That is possible Blood, considering my grandparents were from Pike Co. But i have plausible deniability due to obvious visual contradiction.

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